06-15-99 - Laserfiche WebLink

Home Browse Search

Permit is denied, Hollywood Video would submit a plan for simple site plan approval. However, the applicant does not want to do that because precedents exist that would allow the current request. Hilger stated he had discussed several site plan options with Staff before making the formal application. Zisla stated, then, if the Special Use Permit is denied, the applicant could build the same project with a smaller building and smaller parking lot. The Hollywood Video store would be a permitted use under the Zoning Ordinance. Teague responded affirmatively. Hilger stated that Hollywood Video is willing to consider the option where the building would be reversed. The building would screen the parking lot from the neighbors to the east. Landscaping can only screen the parking lot from the north. The drawback would be the proximity to the curb cut on Rice Creek Road to the corner. Hilger said that Staff indicated that the minimum advisable setback would be 50 feet. The proposed building is approximately 54 feet from the intersection. Because of the proximity to the intersection, Hollywood Video proposed the original plan where the parking lot would be behind the building. From a retail perspective, parking behind the building is not as attractive as parking in front. It provides more landscaping on the street side. Hilger stated Hollywood Video would be willing to accept the reversed plan. Parking would be increased by one additional parking slot. The landscape area would be identical with a two- way curb cut on Silver Lake Road. Regarding the lighting, one foot candle is low for a retail application. Schiferl asked about the average lighting used by New Brighton businesses. Hilger replied that he was not a lighting engineer. The lighting level for Walgreens, for example, is four foot candles. Foot candles are measured at a point beneath the light source and diminishes from that point. Averaging all the light sources on the proposed development comes to one foot candle. A gasoline station canopy would be ten to fifteen foot candles. Teague stated that the most restrictive lighting ordinance he had studied required one foot candle at the property line. Teague said he had never seen an ordinance where the foot candle requirement was averaged over the entire site. Teague suggested that New Brighton consider revising the lighting ordinance after studying ordinances from other cities. Livingston stated this is a public hearing and asked if anyone in the audience wanted to speak on the issue. Jim Tri, 2443 Mound Avenue, stated he opposed the proposed Hollywood Video store. The proposed store would be open until midnight. Tri showed the location of his home on the area map. Tri said that he had asked SA to trim the bushes to the east because the bushes infringe upon Tri’s property. Tri was not aware then that SA had sold the property to Hollywood Video. Tri said that, since the property nearby is residential, the lot should be split and zoned Residential. A drainage problem exists on the site. The water from the site drains to Tri’s lot and Tri’s neighbor’s lot. Tri stated the water table is high on his lot. Hollywood Video should be built somewhere else. Livingston pointed out that, should the applicant withdraw the Special Use Permit request, Hollywood Video can build a store there without the 15-foot setback variance. Tri stated the number of young people congregating behind the video store will increase vandalism. Livingston stated the area would be lighted. Tri said the lights would shine into his yard. Tri stated the site should not be for a commercial business. Livingston stated that the site is zoned B-3 and, therefore, can be developed for a business. The Planning Commission will consider the specifics of the site plan, but the zoning is not under consideration. Tri stated that a curb should run along the back of the property so that all the water will run off to Silver Lake Road. Livingston stated that grading is part of the review. Teague stated with the City Engineering Department indicated there is a drainage problem on the site. The proposed grading plan puts the runoff into I:\COMMISSIONS\PLANNING\MINUTES\1999\06-15-99.WPD 5